In the case of Lucarelli v. Italy (1),
The Screening Panel of the European Court of Human Rights,
constituted in accordance with Article 48 para. 2 (art. 48-2) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
("the Convention") and Rule 26 of Rules of Court B (2),
_______________
Notes by the Registrar
1. The case is numbered 10/1995/516/602. The first number is the
case's position on the list of cases referred to the Court in the
relevant year (second number). The last two numbers indicate the
case's position on the list of cases referred to the Court since its
creation and on the list of the corresponding originating applications
to the Commission.
2. Rules of Court B, which came into force on 2 October 1994, apply
to all cases concerning the States bound by Protocol No. 9 (P9).
_______________
Sitting in private at Strasbourg on 28 April, 29 June and
1 September 1995, and composed of the following judges:
Mr Thór Vilhjálmsson, Chairman,
Mr F. Gölcüklü,
Mr C. Russo,
and also of Mr H. Petzold, Registrar,
Having regard to the application against the Italian Republic
lodged with the Court on 9 February 1995 by an Italian national,
Mr Alessandro Lucarelli, within the three-month period laid down by
Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the
Convention;
Whereas Italy has recognised the compulsory jurisdiction of the
Court (Article 46 of the Convention) (art. 46) and ratified
Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends
Article 48 (art. 48) of the Convention so as to enable a person,
non-governmental organisation or group of individuals having lodged a
complaint with the European Commission of Human Rights ("the
Commission") to refer the case to the Court;
Noting that the present case has not been referred to the Court
by either the Government of the respondent State or the Commission
under Article 48 para. 1 (a) or (d) (art. 48-1-a, art. 48-1-d) of the
Convention;
Having regard to the Commission's report of 18 October 1994 on
the application (no. 20038/92), lodged with the Commission by
Mr Lucarelli on 29 February 1992;
Whereas the applicant complained of, among other matters, the
length of proceedings in the Italian civil courts, to which he was a
party, and the fact that he had had to be assisted by a lawyer during
these proceedings, and alleged a breach of Article 6 para. 1 (art. 6-1)
of the Convention, under which "In the determination of his civil
rights and obligations ..., everyone is entitled to a ... hearing
within a reasonable time by [a] ... tribunal ...";
Whereas on 5 July 1994 the Commission declared admissible only
the complaint relating to the length of the proceedings in issue;
Whereas the applicant, in specifying the object of his
application, as required by Rule 34 para. 1 (a) of Rules of Court B,
stated that he sought a decision by the Court on account of, inter
alia, the length of the proceedings, in respect of which he sought just
satisfaction under Article 50 (art. 50) of the Convention, and the fact
that he had had to be assisted by a lawyer;
Having regard to Article 48 (art. 48) of the Convention and
Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,
1. Finds that
(a) the case raises no serious question affecting the interpretation
or application of the Convention, as the Court has already
established case-law on the "reasonable time" requirement in
Article 6 para. 1 (art. 6-1) of the Convention, while
consideration of the other complaints lies outside the Court's
jurisdiction, as the Commission has declared them inadmissible;
and
(b) the case does not, for any other reason, warrant consideration
by the Court as, in the event of a finding that there has been
a breach of the Convention, the Committee of Ministers of the
Council of Europe can award the applicant just satisfaction,
having regard to any proposals made by the Commission;
2. Decides, therefore, unanimously, that the case will not be
considered by the Court.
Done in English and in French, and notified in writing on
13 September 1995 pursuant to Rule 34 para. 4 of Rules of Court B.
Signed: THÓR VILHJÁLMSSON
Chairman
Signed: Herbert PETZOLD
Registrar
Full & Egal Universal Law Academy